NOTARY AS THE STATE REGISTRAR OF REAL RIGHTS TO REAL ESTATE AND ITS INCUMBERRANCE
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the analysis of the legal status of the notary as the state registrar of real rights to real estate, its powers in the area of state registration of real rights to real estate are investigated. The desire of Ukraine to orientate to the current international legal experience also significantly influenced the regulation of the registration of real rights to real estate and the role of the notary in this state registration procedure. In particular, their powers, which are accompanied by the use of modern technologies, have expanded. The main purpose of attracting new technologies is the simplification of notarial work, increase in the level of efficiency of provision of notarial services, and elimination of bureaucratic obstacles in the procedure of registration of real rights to real estate. At the same time, it should be noted that the scope of the powers of notaries in the mechanism of providing administrative services for the state registration of rights to real estate is not completed and continues to be on the path of its development and improvement. The study allows drawing a conclusion that granting notaries the status of state registrars of real rights to real estate will help to ensure an adequate level of protection of real rights of citizens to real estate, as well as significantly simplifies the procedure of state registration for citizens, since all necessary actions concerning real estate are carried out by one and the same subject, that is, the notary. Registration of real rights to real estate immediately after the commission of a notarial act is a guarantee of effective protection of these rights since the period of time between the commission of a notarial act and the registration of property rights arising from the commission of this notarial act is minimized.
Authors and Affiliations
М. О. Німак, А. В. Воньо
Keywords
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